Are Parties to a Contract Involving Foreign Elements Free to Choose the Applicable Law?

1. Introduction In the context of increasingly deep international economic integration, civil and commercial transactions involving foreign elements have become increasingly common. The participation of parties from different countries in the formation and performance of contracts raises an important issue concerning which legal system will govern the rights and obligations of the parties in the […]

Can an Employer Terminate an Employment Contract Based on an Employee’s “Poor Health” Following a Periodic Medical Examination?

I. Introduction In practice, some employers terminate employment contracts after receiving the results of a periodic medical examination indicating that an employee’s health condition is “unsatisfactory” or “not suitable” for the job. This raises an important legal question: does such a health assessment constitute a lawful ground for unilateral termination under Vietnamese labour law? The […]

Foreign Heirs of Land Use Rights in Vietnam: What Happens When a Land Use Right Certificate Cannot Be Issued?

As cross-border family relationships become increasingly common, it is not unusual for foreign nationals or overseas Vietnamese to inherit land use rights in Vietnam from relatives. However, inheriting land use rights does not necessarily mean that the heir may obtain a Land Use Right Certificate (“LURC”), commonly referred to as a “Red Book”. Under the […]

Copyright in Tattoos Under Vietnamese Law: Who Owns the Rights – the Tattoo Artist or the Tattooed Individual?

As tattoos continue to gain mainstream acceptance and commercial value, questions surrounding copyright ownership in tattoo designs have become increasingly relevant. While Vietnamese intellectual property laws do not specifically regulate tattoos, the issue raises an important legal question: who owns the copyright in a tattoo—the tattoo artist who created the design, or the individual who […]

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